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All Journal DIKTUM: JURNAL SYARIAH DAN HUKUM
Asriaty Asriaty
STAIN PAREPARE
Humanities Law, Crime, Criminology & Criminal Justice

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HADITS AL-WALAD LI AL-FIRASY SEBAGAI PENETAPAN NASAB ANAK Asriaty Asriaty
DIKTUM: Jurnal Syariah dan Hukum Vol 8 No 2 (2010): DIKTUM : JURNAL SYARIAH DAN HUKUM
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (518.635 KB) | DOI: 10.35905/diktum.v8i2.305

Abstract

Islam is highly concerned with children, even though they are born from marriage by accident, or their existence are not recognized by their mother’s legal husband. One of the bases to determine the genealogy of a child is the hadits which runs, “al-walad li al-firasy, wa li al-akhir al-hajar.” This hadits explains that a child’s genealogy is associated with his/her mother’s legal husband; if there is a man claims that the child is his son/daughter, his claim is rejected. This aims at maintaining the cohesion of the legal family and, especially, for the atvantage of the child. The sentence al-walad li al-firasy in the hadits is gharib in pattern. In commentary books, many Islamic scholars try to give comprehensive explanation on this issue. The point that makes the Islamic scholars different in interpreting the hadits is the application of the word firasy for slaves and the order of hijab by our prophet to Sawdah binti Zam’ah. In this modern era, when free-sex life style prevails, the presence of a child from marriage by accident should have a solution. It will be an ironic situation if a child has to pay all the risks of the bad deed of his/her parent. Therefore, the interpretation towards the sentence al-walad li al-firasy in the hadits should by comprehensive, so that Islamic law will give positive contribution in overcoming contemporary problems of Muslims’ life in general, and the life of young Muslim generation in particular.
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